§ 156.091  DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   “80th PERCENTILE RAINFALL EVENT.” The rainfall event, based on historical rainfall records, that represents an event that is equal to or greater than 80% of the rainfall events that would be expected to occur in a typical year.
   “AUTHORIZED ENFORCEMENT AGENCY.” Mayor, City of Murray, MS4 Operator or authorized representative.
   “BEST MANAGEMENT PRACTICE OR BMP.” Any structural or nonstructural control measure utilized to improve the quality and, as appropriate, reduce the quantity of stormwater run-off. The term includes schedules of activities, prohibitions of practice, treatment requirements, operation and maintenance procedures, use of containment facilities, land use planning, policy techniques, and other management practices.
   “CHANNEL.”  A natural or man-made watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water.
   “CLEAN WATER ACT.”  The Federal regulations (33 U.S.C. §§ 1251 et seq., and as amended) that prohibit the discharge of pollutants to waters of the United States unless such discharge is in accordance with an approved National Pollutant Discharge Elimination System (NPDES) permit.
   “CONSTRUCTION ACTIVITY.” Activities subject to NPDES construction permits include construction projects resulting in land disturbance of 1 acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.
   “CONTIGUITY.”  An entity’s proximity to a designated MS4 area in such a way that it allows for direct discharges of stormwater run-off into the regulated MS4 conveyance.
   “CONTROLLED RELEASE STRUCTURE.”  A facility constructed to regulate the volume of storm water runoff that is conveyed during a specific length of time.
   “CONVEYANCE.”  Any structure process for transferring stormwater between at least two (2) points. The term includes piping, ditches, swales, curbs, gutters, catch basins, channels, storm drains, and roadways.
   “CONVEYANCE STRUCTURES.”  Water carrying devices or improvements such as channels, ditches, storm sewers, culverts, inlets, and the like.
   “CULVERTS AND CROSS DRAINS.”  A short, closed (covered) conduit that passes storm water runoff under an embankment.
   “DETENTION” or  “RETENTION.”  Delaying the rate of storm water runoff in a controlled manner, typically by using temporary storage areas and a man-made outlet device.
   “DEVELOPED.”  Conditions after construction or other manmade change to improved or unimproved (land), including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.
   “DISPOSAL.”  The 1) discharge; 2) deposit; 3) injection; 4) spilling; 5) leaking; or 6) placing of any solid waste or hazardous waste into or on any land or water so that the solid waste or hazardous waste, or any constituent of the waste, may enter the environment, be emitted into the air, or be discharged into any waters, including ground waters.
   “ERODED.”  Weathered or worn away outer layers of soil by the action of water.
   “ESCP PLAN.”  Erosion and Sediment Control Plan which includes a set of best management practices or equivalent measures designed to control surface runoff and erosion and to retain sediment on a specific development site or parcel of land during the period in which pre-construction and construction related land disturbances, fills, and soil storage occur, and before final improvements are completed, all in accordance with this subchapter.
   “EXCESS STORM WATER.”  That portion of storm water runoff which exceeds the capacity of the storm sewers or natural drainage channels serving a specific watershed.
   “EXISTING STORMWATER FACILITY.” Any existing structural feature that slows, treats, filters, or infiltrates runoff after a rainfall event.
   “GARBAGE.”  All animal solid, vegetable solid, and semisolid wastes resulting from the 1) processing; 2) handling; 3) preparation; 4) cooking; 5) serving; or 6) consumption of food or food materials.
   “HAZARDOUS WASTE.” Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
   “HOTSPOT.”  An area where the land use or activities generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in storm water.
   “ILLICIT CONNECTIONS.”  Either of the following:
      (1)   Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including but not limited to any conveyances which allows any non-stormwater discharge including sewage, process wastewater, effluent, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains, washing machines, bathtubs, and sinks regardless of whether said drain or connection had been previously allowed, permitted, or approved by any enforcement agency.
      (2)   Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.
   “ILLICIT DISCHARGE.”  Any discharge to an MS4 conveyance that is not composed entirely of stormwater.
   “IMPERVIOUS SURFACE.”  Asphalt, concrete or any other surface which does not allow measurable infiltration.
   “INDUSTRIAL ACTIVITY.”  Activities subject to MPDES industrial permits as defined in 40 CFR. § 122.26(b)(14).
   “INLET (STORM DRAIN).”  An opening leading to an underground pipe or open ditch for carrying surface runoff.
   “(MS4) MUNICIPAL SEPARATE STORM SEWER SYSTEM.”  A conveyance or system of conveyances (including roads with drainage systems., municipal streets, catch basins, curbs, gutters, ditches, man-made channels, and storm drains) owned or operated by a state, city, town, county, district association, or other public body (created by or pursuant to state law) having jurisdiction over disposal of sewage, industrial water, stormwater. or other wastes, that discharge to waters of the United States.
   “NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT.”  A permit issued by EPA or the Kentucky Department of Environmental Protection that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area wide basis.
   “NATURAL DRAINAGE.”  Water which follows by gravity in channels formed by the surface topography of the earth prior to changes made by the efforts of man.
   “NON-STORMWATER DISCHARGE.”  Any discharge to the storm drain system that is not composed entirely of stormwater.
   “NOTICE OF INTENT (NOI).”  Formal notice to the EPA or a state agency having delegated NPDES authority that a construction project seeking coverage under a general permit is about to begin.
   “OFF-SITE.”  External to the boundary of a development.
   “ON-SITE.”  Internal to the boundary of a development.
   “PERSON.”  Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner’s agent.
   “POINT DISCHARGE (OUTFALL).”  Release of storm water at a specific location.
   “POLLUTANT.”  Anything which causes or contributes to pollution. “POLLUTANTS” may include, but are not limited to: paints, varnishes, solvents; oil and automotive fluids; non-hazardous liquid and solid wastes; yard wastes; refuse, rubbish, garbage, litter, floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, effluent fecal coliform, E. Coli, and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from construction of a building or structure and noxious or offensive matter of any kind.
   “POND.”  An inland body of standing water that is usually smaller than a lake.
   “PREMISES.”  Any building, lot parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
   “RECEIVING WATERS.”  The “water of the Commonwealth” as defined in KRS 224.01-010(33) into which the regulated stormwater discharges (modified EPA CGP).
   “REDEVELOPMENT.”  The improvement of a lot or lots that have been previously developed.
   “REVIEW STAFF.”  The City Engineer and/or other designated officials.
   “RUBBISH.”  Combustible and noncombustible waste materials except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials.
   “RUNOFF.”  Rainfall excess after natural losses from infiltration, evaporation, transportation or incidental poundage.
   “SEDIMENT.”  Solid material, either mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by erosion.
   “STORM DRAINAGE SYSTEM.”  Publicly owned facilities by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and other drainage structures.
   “STORM SEWER.”  Two or more inlets connected by pipes.
   “STORMWATER.”  Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
   “STORMWATER POLLUTION PREVENTION PLAN.”  A document which describes the Best Management Practices (BMPs) and activities to be implemented by a person or business to identify the source of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters.
   “STORM WATER RUNOFF RELEASE RATE.” The rate at which storm water runoff is released from dominant to servient land.
   “STORM WATER STORAGE AREA.”  An area designed to temporarily accumulate excess storm water.
   “STREAM.”  For the specific purpose of vegetated buffers, a “STREAM” is defined as a linear surface water conveyance that can be characterized with either perennial or ephemeral base flow.
   “STRUCTURE.” Anything constructed or erected such that the use of it requires a more or less permanent location on or in the ground. Such construction includes, but is not limited to, objects such as buildings, towers, smokestacks, overhead transmission lines, carports and walls.
   “SWALE.”  Surface-type conveyance for storm water usually designated to carry incidental, localized runoff.
   “TMDL.”  Total maximum daily load. A “TMDL” is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the source(s) of the pollutant.
   “TRANSPORTING.” Any moving of earth materials from one place to another, other than such movement incidental to grading, as authorized on an approved plan.
   “VEGETATIVE BUFFER.”  A use-restricted vegetated area that is located along the perimeter of streams, ponds, lakes or wetlands, containing natural vegetation and grasses, or enhanced or restored vegetation.
   “WASTEWATER.”  Any water or other liquid, other than uncontaminated stormwater, discharged from a facility.
   “WATER QUALITY CONTROL STRUCTURE.” The structures (e.g. grass swales, filter strips, infiltration basins, detention ponds, stormwater wetlands, natural filtration areas, sand filters, and rain gardens, and the like), used to slow runoff, promote infiltration, and reduce sediments and other pollutants in stormwater runoff.
   “WATER QUALITY MANAGEMENT FACILITIES.” Structures and constructed features designed to prevent or reduce the discharge of pollution in storm water runoff from a development or redevelopment. “WATER QUALITY MANAGEMENT FACILITIES” can often be referred to as BMPs.
   “WATER QUALITY MANAGEMENT PLAN.” An engineering plan for the design of water quality management facilities and best management practices within a proposed development or redevelopment. The “WATER QUALITY MANAGEMENT PLAN” includes a map showing the extent of the land development activity and location of water quality management facilities and BMPs. design calculations for water quality management facilities and BMPs, and may contain record drawings/certifications and covenants for permanent maintenance of water quality facilities and best management practices.
   “WATER QUALITY RUNOFF STANDARDS.” The stormwater volume to be treated through a water quality control structure based on the surface runoff produced by an 80th percentile rainfall event.
   “WATER QUALITY STANDARDS.” Administrative regulation promulgated by the State of Kentucky establishing the designated use of a surface water and the water quality criteria necessary to maintain and protect that designated use (4041 KAR 5:002; 401 KAR 5:031 as amended).
   “WETLAND.” An area that is inundated or saturated, by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetland determination shall be made by the United States Army Corps of Engineers, and/or the Kentucky Division of Water, and/or the Natural Resources Conservation Service.
(Ord. 2001-1253, passed 8-23-01; Am. Ord. 2014-1636, passed 4-10-14)